MSPB Jurisdiction for Constructive Discharge


Q & A Session – MSPB Jurisdiction for Constructive Discharge

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


The Merit Systems Protection Board (MSPB) has ruled it does not have jurisdiction for constructive discharge of involuntary retirement since my agency has not separated me.

Once I am separated, can I refile the constructive discharge?


Constructive discharge is when you resign because of intolerable conditions and argue that those conditions forced your resignation. Constructive discharge is hard to prove, so if you resign the MSPB might still decline jurisdiction.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to

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